GREELEY COUNTY, KANSAS
Salina, Kas., June 6 --- Albert P. Allen, John H. Allen and William Thompson of Kendall, Kas., charged with the murder of Joe Kuttler, a wealthy ranchman of Greeley County, May 25, were bound over to the district court, at Tribune, yesterday afternoon. Each was admitted to bail in the sum of $10,000.
CHANGE OF VENUE
Trial for Killing of Greeley County Ranchman Held in Pawnee Court
Tribune, Nov. 5 --- The case of the State of Kansas versus Albert P. Allen, John H. Allen and William Thompson, which originated near Tribune in Greeley county, Kansas, on the 25th day of May, over the killing of Joe Kuttler, a wealthy ranchman, has been ordered changed from Greeley county to Pawnee county, and set for trial on Thursday, the 7th day of November, at Larned, Kansas, by the consent of the county attorney, Clement L. Wilson.
The Allens are rich ranchmen living near Kendall, Kansas. Hon. Ed McKeever, formally assistant United States attorney at Topeka, and Hon. Carr W. Taylor, of Hutchinson, Kansas, are assisting the county attorney in the prosecuting, while County Attorney Ed Thorpe of Kearney county, Hon. Lew Madison of Dodge City and Ed Foster of Garden City are defending the Allens. The killing was caused over the dispute of a mule. Kuttler claimed the mule, it had had his brand for some years. The Allens rebranded the mule on the ranch adjoinoing Kuttler's. It was marked with both Kuttler's and the new brand of Allens. The mule returned to the Kuttler ranch, Allens demanded the mule, Kuttler refused, and while they had the mule in the seven-foot stockage on the Kuttler ranch the three men, now charged with his murder, held guns on Kuttler and undertook to remove the mule from the stockade. The only witnesses present outside of the defendants and the deceased were the wife of Kuttler, his daughter, Virginia Kuttler, who was a student of Baker university at Baldwin, Kansas, and a young daughter of Cholna Kuttler, who closed the gate at the request of the father, that the mule could not be taken out of the stockade. After this and with very little talk, Albert P. Allen shot Kuttler which proved fatal. Kuttler was unarmed and none of the Kuttler's had guns. The case promises to be a hard-fought proposition. The Allens and Thompson are out on bonds.
MURDER TRIAL AT LARNED
Men Accused of Slaying Greeley County Farmer on Trial
Larned, May 26 --- District court convened today. The first case to be tried will be the murder case from Greeley county, which was brought here on a change of venue and which has been postponed various times.
Albert P. Allen, John H. Allen and Wm. Thompson are accused of the murder of Joseph Cutler, of Greeley county, over the ownership of a mule.
There are so many witnesses in the case that it is said the attendance of the witnesses at this trial will practically depopulate one entire township of Greeley county, although the township is sparsely settled.
WILSON NOT IN FAVOR OF DISMISSING THE CASE
County Attorney of Greeley County Tells About the Murder Trials
The News has received the following from Clement L. Wilson, county attorney of Greeley county, in regard to the murder case against the Allens and Thompson, charged with the killing of Joe Kuttler, in May, 1918:
The Hutchinson Daily News, Hutchinson, Kan.
Gentlemen: I notice that your paper printed an item regarding the case recently tried at Larned, Kansas. The State of Kansas vs. Albert P. Allen, John H. Allen and William Thompson, defendants, who are charged with the murder of Joe Kuttler of Greeley county, Kansas on May 26, 1918, and that the County Attorney of Greeley county was not in favor of prosecuting in view of the two hung juries. I wish you would publish this statement for the reason that we have made no statements from this office regarding the dismissal of this case under any circumstances. We have not been asked to dismiss this case at this time by any citizen of Greeley county.
When gun men came into Greeley county from adjoining counties, it has not been the policy and is not for Greeley county to dismiss prosecution on the petition of their friends in adjoining counties. This case was taken to Pawnee county from Greeley county at the request of the attorneys and of the defendants and agreed to mutually for trial. The state has never asked for a continuance in this case and we were unable to go to trial or to get into trial until one year and the day after the killing of Kuttler.
Kuttler was at his home in Greeley county on the morning of May 25th when the three defendants armed with three guns and Kuttler with none, went to his home in Greeley county to secure of him a mule which he had previously refused to deliver to them and which Kuttler claimed to be his mule and which Albert P. Allen claimed was the mule of Allen Brothers.
The article failed to state that the defense had employed Lew Madison, of Dodge City, Edgar Foster of Garden City and Ed Thorpe, of Lakin, as well known criminal lawyers with a high salaried reputation. It does not seem to the county attorney of Greeley county that the matter of expense or money should be a consideration at all in the prosecution and the prevention of crime. The Allens had demanded of Kuttler, they did demand of him and did take his life and that is far more than the state of Kansas permits in the prosecution in criminal cases in the state. Greeley county stands for law abiding citizens and insists that the matters between citizens be taken into courts rather than in the hands of gun men to settler affairs.
CLEMENT L. WILSON,
Stuck Him Third Time: Carr Taylor was one of the attorneys for the prosecution in a murder trial at Larned last week that has been attracting a great deal of attention. Albert Allen was on trial charged with slaying Joe Kutler, a farmer of Greeley county. This is the third time the case has been tried. The first two trials the jury hung. This time the jury convicted Allen of second degree murder. The cost of the trials has cost Greeley county about $10,000 to date. The Kutler family owns a ransh of 36 square miles in Greeley county.
CAN'T CONVICT, SO WILL DISMISS
In Meantime Over $5,000 Costs Have Accrued and Pawnee Wants Its Money
Larned, Kan., Nov. 9 --- When district court opens here next Monday the murder case of State vs. John Allen will again be called on the docket.
This will be about the sixth time that this case has come up, in one county or another. But this time, it is practically certain the case will be dismissed, as heretofore attempts to secure a conviction have steadily failed.
Allen, a prominent farmer of Greeley county, his brother, Albert Allen, and Wm. Thompson all were arrested charged with the murder of a tenant farmer in Greeley county about six years ago.
Albert Allen was finally convicted in the fall of 1918 and sent to the penitentiary. The cases of the two Allens and Thompson were brought to Pawnee county on a change of venue, and a total of $5,027 in costs has been run up in the district court here.
So far, Greeley county never has made any move to pay the bill. In addition to more than $5,000 of expense which the county incurred in the trials of Albert Allen and William Thompson, there is also additional expense incident to the case of John Allen, also brought here on a change of venue from Greeley county.
The Pawnee county commissioners have threaterned suit against Greeley county to collect the amount. The county officials to Greeley contend that it will bankrupt their general fund to have to pay it.